Columbus, OH Family Medical Leave Act Lawyers

Signed into law by President Bill Clinton in 1993, the Family and Medical Leave Act (FMLA) provides certain workers with the right to take job-protected, unpaid leave to handle qualifying family and medical issues. Unfortunately, when the time comes to take leave, some employees face certain forms of resistance from their employers. They may even be denied leave, pressured into not taking leave, or allowed to take leave only to be told they will not be able to return to their previous position.

At Coffman Legal, our skilled Family Medical Leave Act attorneys in Columbus have extensive experience fighting for the rights and interests of workers throughout central Ohio. If you or your loved one was improperly denied family or medical leave, or if you are facing any adverse employment action for taking leave available to you under federal law, we’re here to stand up for your employee rights.

To arrange a no-fee, fully confidential review of your employment law claim, please do not hesitate to contact our law office today to speak with experienced Columbus, Ohio FMLA lawyers.

What Is the Family and Medical Leave Act (FMLA)?

If you have a new baby or a serious illness that requires an extended leave from work, you may be entitled to unpaid, job-protected medical leave. If you are having difficulty with your employer, or your employer otherwise refuses to comply with the law, contact our attorneys right away. The Family and Medical Leave Act (FMLA) is one of the most complex areas of law, so if you have questions about your leave at work, our employment lawyers can help.

The FMLA permits eligible employees up to 12 weeks of unpaid leave from employment for any of the following reasons:

• Caring for a newborn child or preparing for the child’s birth
• Placing a newborn child up for adoption or foster care
• Caring for a spouse, child, or a parent with a serious health condition
• Facing a serious health condition and being unable as an employee to temporarily perform the tasks of a job

Employers are prohibited from:

• Interfering with, or denying the exercise of, an employee’s FMLA rights
• Retaliating against an employee for exercising or attempting to exercise their rights to FMLA
• Discharging or discriminating against an employee for opposing any act made unlawful under the FMLA
• Discharging or discriminating against an employee because they participated in a proceeding related to FMLA rights
• Requiring an employee to perform substantial working duties while the employee is on FMLA leave
• Discontinuing healthcare benefits while an employee is on leave

If your employer has taken any of the following actions or is otherwise harassing you because of your FMLA leave, contact our Columbus, Ohio FMLA attorneys today. We will conduct a comprehensive assessment of your case and help you determine what steps are needed to protect your rights and get you justice.

Insights from Our Columbus FMLA Lawyers: Guidelines for Eligibility

The FMLA only applies to employers with at least 50 employees within a 75-mile radius of the worksite. To qualify for FMLA leave, employees must have been employed for at least 12 months by the employer prior to the beginning of the leave, and they also must have worked at least 1,250 hours during the previous 12 months. When it comes to FMLA leave eligibility, the leave period does not have to be continuous and may be taken on an intermittent basis, or a reduced leave schedule may be determined as necessitated by a serious medical condition.

Eligible employees may take a total of 12 workweeks of FMLA leave for every 12-month period, and those who are caring for a covered military servicemember with a serious injury or condition can take 26 workweeks within a 12-month period.

Employers may calculate a 12-month period via any of the following methods, but their approach much be applied uniformly throughout their organization:

• The calendar year
• The fiscal year
• A fixed 12-month year, such as using the employee’s hiring anniversary
• A rolling 12-month period based on the first use of FMLA, either backwards or forwards

If you have questions about your eligibility for FMLA medical leave, or have a serious health condition or are currently pregnant, contact our attorneys. Our Family Medical Leave Act lawyers in Columbus, Ohio are adept at representing you if you experience issues with your employer related to your FMLA-protected leave.

Providing Notice for Medical Leave

When medical leave is foreseeable, an employee must provide their employer with a 30-day notice of the leave if the employee is able. If providing a 30-day notice is not practicable, notice should be provided as soon as possible. For unforeseeable leave, employees should request leave either the same day or the next business day. Since there are many nuances to the Family Medical Leave Act, attorneys with expertise in the area will be your best resource for information and assistance.

It should be noted that your employer is not required to continue your pay during your period of FMLA leave, but health benefits you receive as part of your employment must continue. Additionally, employers can force you to use vacation days, sick days, and any paid leave time as part of the FMLA period.

Returning to Work After a Medical Leave

Upon returning to work, an employee is entitled to obtain the same position held prior to leaving, and to receive the same pay, benefits, and other terms and conditions of employment, or an equivalent position. If your situation falls under the FMLA guidelines and you have not been restored to your position or an equivalent one following FMLA leave, you may have a claim that our Columbus, Ohio FMLA attorneys can represent.

After a medical leave, your employer does have the right to request a certification that ensures you are physically able to perform the duties of your job. However, an employer may not request certification each time an employee returns to work after intermittent leave. This request can only be made once every 30 days, and if there are reasonable safety concerns regarding the employee’s ability to safely perform their job.

The Three Most Common Violations FMLA Attorneys Handle

FMLA violations can come in a number of different forms. Our Columbus, Ohio Family Medical Leave Act lawyers have seen problems arise during all three stages of the process, including when an employee tries to initially take leave, while the employee is still on leave, and when the employee attempts to return from their leave.

Unfortunately, in many cases, employees are not fully aware of their rights under the FMLA. As a result, they may receive and rely on incorrect information from their employer. It’s therefore imperative to know if your rights under the FMLA were violated. Three of the most common specific FMLA violations are as follows:

• Denial of family/medical leave – Either mistakenly or intentionally, some Ohio employers improperly attempt to prevent employees from taking family/medical leave under the FMLA. If you were outright denied leave or pressured into staying on the job, your legal rights may have been violated.
• Cutting benefits or leave – Another common issue our Ohio FMLA lawyers see frequently is companies improperly cutting back on an employee’s benefits or trying to force a worker to return from leave earlier than is actually required. Your employer cannot cut you off of a group insurance program — including your health insurance — while you are taking leave under the FMLA.
• Not allowing reinstatement – Finally, another huge problem is companies denying workers reinstatement into their previous position. The Family and Medical Leave Act provides job-protected leave to eligible employees, so you must be allowed to return from leave. Furthermore, if you face any form of retaliation – meaning punishment for taking leave – your rights have been violated. You should reach out to our Columbus, Ohio FMLA attorneys immediately.